Sentences with phrase «law doctrine as»

These courses provide foreign - trained lawyers with a foundation in American common law doctrine as well as legal writing and research skills.

He offers his work as a «first step toward reclaiming natural - law doctrine as an exegetical, and not solely philosophical, project» that is, «natural law» as understood by the Christian tradition prior to the modern reconfiguration of natural law.»

Not exact matches

The doctrine of interjurisdictional immunity (IJI) holds that a provincial law that impairs the core competence of a federal head of jurisdiction (in this case the TransMountain pipeline as a federally regulated interprovincial work or undertaking) will be inapplicable to the federal matter.

It was only if those requirements were relaxed as a matter of federal law that it would become necessary to consider if those requirements could continue to apply ex proprio motu, or if they were inoperative or inapplicable by virtue of the doctrines of paramountcy and / or interjurisdictional immunity.

As Montgomery puts it: «Science and theology form and test their respective theories in the same way; the scientific theorizer attempts objectively to formulate conceptual Gestalts (hypotheses, theories, laws) capable of rendering Nature intelligible, and the theologian endeavors to provide conceptual Gestalts (doctrines, dogmas) which will «fit the facts» and properly reflect the norms of Holy Scripture.»

I think we agree on the fact that it is by faith that all are saved i have no problem with that and its in that that there is unity.You find within any christian modern church law can be mixed with Grace that is not peculiar to any domination maybe it is more extreme in some.Where there are believers there are works of the flesh such as pride and self reliance.I was thinking today the word says if we believe in our hearts and confess with your mouth that Jesus is Lord then you shall be saved.Its not a hard doctrine to believe thats in its basic form.The seventh day have tacked on to that belief adherence to the sabbath that is sadly how denominations spring up.In the anglican church we still recite the apostles creed how many church still do that today as a basis for there faith in Jesus Christ.Your statement that some are saved is just as true to those who go to modern christian churchs who say they are christian but walk according to the flesh..

Doctrine and Covenants 134:7 7 We believe that rulers, states, and governments have a right, and are bound to enact laws for the protection of all citizens in the free exercise of their religious belief; but we do not believe that they have a right in justice to deprive citizens of this privilege, or proscribe them in their opinions, so long as a regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.

The Bible witnesses to the building up of the «kingdom of God» on earth and the prophetic development of doctrine which is a further expression of the Unity Law of creation itself as God framed it.

«Biblical natural law,» he argues, «avoids the self - cleaving tendency in anthropocentric natural - law doctrine and instead recognizes human fulfillment as achieved through imitation of the divine ecstasis.»

So let me try and get this straight, if religious doctrine does not define some practice as against the law or evil but yet the laity performs these unlawful acts, it keeps the church free from culpability?

You speak on what is «True Doctrine», could we also point to something such as the Consti; tution and the daily court room arguments of lawyers and clerks who feel that they alone know and understand the true meaning of the what the framers when they wrote the laws of this land?

His devotion to the Torah exhibits a knowledge of both written and oral law (a basic definition of Pharisaism as opposed to Sadducism and Essenism), and he repeatedly affirmed the Pharisaic doctrine of the resurrection of the body and the eternal life of the soul.

For the others, I have considerable respect and at least some sympathy — but somewhere along the winding trail from natural law to theological doctrine, he and I part company (though I'd happily tag along as what the Communists used to call a fellow traveler, if he'd tolerate the company).

Much of the Thomism criticized by Barth did appear to treat reason and natural law as though they were independent of a Christian doctrine of God.

For Novak, however, nothing could be more disastrous for Judaism than to admit Socrates, Plato, the Stoics, Grotius, and Kant into the operative logic of Jewish jurisprudence, for not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human race:

This quintessential Jewish doctrine held that held that god had chosen the Jews as his favorite people and would look after them if he kept his law — circu.mcising boys, not working on the Sabbath etc..

In this decision the Supreme Court of the nation established the doctrine of «separate but equal» as the law of the land.

How we are to make place theologically for the reality of Judaism, where the Law is the center of religious life, in light of the Church's confession of Christ as Lord and the doctrine of the Holy Trinity is not at all evident to me.

Finally, though they are not as numerous, but still quite important in their influence, there are Reconstructionists, who aspire to replace civil codes with biblical laws, even to the point, among hard - liners, of making homosexuality, adultery, blasphemy, propagation of false doctrine, and incorrigible behavior by children punishable by death.

So Deuteronomy, proclaiming the doctrine of Yahweh's unity, proclaimed as an indispensable accompaniment the law of one sanctuary.

(3) Probabilism is theologically deep, going back to John and Paul's scriptural teaching that Spirit - filled persons are «taught of God,» and to Thomas Aquinas's doctrine that the primary law for the believer is the grace of the Holy Spirit poured into the heart, while all written law — including even Scripture, as well as the teachings of the popes and councils — is secondary.

Western culture may be compared to a lake fed by the stream of Hellenism, Christianity, science, and these contributions might offer an extremely valuable way of considering the conceptions of a life of reason, the principle of an ordered and intelligible world, the ideas of faith, of a personal God, of the absolute value of the human individual, the method of observation and experiment, and the conception of empirical laws, as well as the doctrines of equality and of the brotherhood of man.

J. M. Sterrett defines Antinomianism as follows: «In its widest sense the term is used to designate the doctrines of extreme fanatics who deny subjection to any law other than the subjective caprices of the empirical individual, though this individual is generally credited as the witness and interpreter of the Holy Spirit.»

Heterodox mystical ideas continued to exist in certain circles in Indonesia in spite of the influence of the many orthodox Sufi orders and in spite of the influence of orthodox Sufi writers such as al - Ghazali, who introduced a synthesis of the fundamental doctrines, the law, and Sufism.

The 1985 Congregation for the Doctrine of the Faith Instruction on Respect for Human Life states, «By virtue of its substantial union with a spiritual soul, the human body can not be... evaluated in the same way as the body of animals... The natural moral law expresses and lays down the purposes, rights and duties which are based upon the bodily and spiritual nature of the human person.»

And when it comes to immunizing such «choices» from legal restriction or even private remonstration, the Court's liberals can be counted upon to flip on the switch of what Justice Antonin Scalia, writing in dissent, describes as «the ad hoc nullification machine that [is] set in motion to push aside whatever doctrines of constitutional law stand in the way of the highly favored practice of abortion.»

Surveying the American past with Evangelicals as their focus, Finke and Stark discover the same «law» of American church history that Kelley did two decades ago: «To the degree that denominations rejected traditional doctrines and ceased to make serious demands on their followers, they ceased to prosper.»

Although not a law per - se, executive privilege was accepted by the Supreme Court of the United States as an application of the seperation of powers doctrine from the United States Constitution (see: United States v Nixon).

People might be quick to reinterpret this and say that anarchism is a doctrine of selfishness, where the strong quickly take advantage of disorder and seize power for themselves; therefore, laws are inevitable as the holders of power regulate society.

In his annual and final report into intelligence gathering, Sir Swinton Thomas has called for the end of the so - called Wilson Doctrine, in order that no person is seen as being «above the law».

The union's lawsuit accuses the city of violating the Taylor Law, which granted public employees collective bargaining rights, known as the Triborough Doctrine.

As defined in publications of the Institute for Creation Research and in laws passed or under consideration by several state legislatures, this doctrine includes the statement that the entire universe was created relatively recently, i.e., less than 10,000 years ago.

If First Sale rights, or a similar legal doctrine, is recognised in case law or statute as covering ebook sales, there could be interesting consequences, particularly if DRM is also challenged on similar grounds.

While some argue that the «first sale» doctrine should allow users to transfer an e-book in the same manner as a hard - copy book, these contentious restrictions may be valid under current law.

Paragraph 24 anticipates the doctrine of EU law consistent construction, most recently expounded in Bernhard Pfeiffer and others, [2004] EU: C: 2004:584 C397 / 01 to C403 / 01 as well as state liability as expounded in Francovich and others [1991] ECR I 5357 C 6/90 and C 9/90.

In part 3, the SCC states that it «must, however, complete» the CJEU's response with its own general doctrine on the relationship between the Spanish Constitution and EU law, as set out in SCC Declaration 1/2004.

I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.

In a jurisdiction that has prided itself on the importance of «doctrine» in interpreting the law, the fact that the major French language university opts for content with the lowest common denominator, while a foreign owned commercial publisher offers an authoritative work by leading academics and legal practitioners, is a remarkable case of role reversal, as well as a reflection on how times have changed.

In a short judgment (concerned with the extent to which courts were bound by Privy Council decisions) Lord Neuberger said: «In a common law system, where the law is in some areas made, and the law is in virtually all areas developed, by judges, the doctrine of precedent, or as it is sometimes known stare decisis, is fundamental.

Under the doctrine of implied repeal, the 2010 Act would prevail over the Regulation, but as retained EU law the Regulation will prevail over the 2010 Act.

In fulfilling its role outlined in Article 19 TEU to «ensure that in the interpretation and application of the Treaties the law is observed», the Court has not only functioned as a «motor of integration» in substantive areas of the law, including citizens» rights, but has also ensured its own position at the apex of the interpretative hierarchy through establishing and refining the doctrines of direct effect and the supremacy of EU law.

Restrictions on non-lawyers practicing law seemed as fundamental to our legal system as the hallowed doctrine of judicial review.

Justice Gorsuch wrote separately to express his view that the vagueness doctrine could be traced to English law and the Constitution as it was originally understood.

Its shift in doctrine is construed as a reinterpretation of Article 24 (2) of the Constitution, resulting from the interpretive guidance provided by international treaties and case law.

The striking difference was that while in a common law faculty, first year students are inundated with judgments, civil law students read a half - dozen judgments and mostly relied on a text, «doctrine» as civilians call it: a book that summarized the area of law, usually by the prof or another leading scholar.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

As long ago as 2010, the Law Commission made suggestions for reform of the identification doctrine as part of a wider consultatioAs long ago as 2010, the Law Commission made suggestions for reform of the identification doctrine as part of a wider consultatioas 2010, the Law Commission made suggestions for reform of the identification doctrine as part of a wider consultatioas part of a wider consultation.

there is a new desire in the free public access to law movement to include not just primary materials of legislation and case law, but also secondary materials such as treatises and law journal articles (or doctrine) in the systems.

In this regard, this case follows some earlier ones, which are sometimes referred to as the «high water mark» of RCD jurisprudence, in which conduct was not required to be expressly mandated in order for the doctrine to apply (particularly, the Jabour case: Canada (Attorney General) v. Law Society (British Columbia), 1982 CarswellBC 133 (S.C.C.)-RRB-.